This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Child Support Alimony Calculator With Child Support In North Carolina
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FAQ
North Carolina law does not have a formula for setting alimony. The judge decides how much alimony is appropriate after analyzing many factors. If support is awarded, the court also determines whether the support will be temporary or ongoing.
A: Alimony can be suspended or terminated in the event that the recipient is cohabitating with someone in a relationship akin to marriage. These are complex cases that require a careful approach. Your brother should have a consultation with a qualified matrimonial attorney immediately.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
To receive alimony, you need to file a request with the court. The court will then determine which spouse is dependent and who is the supporting spouse. The court will base the amount of alimony on what it considers equitable, or fair, given the financial needs of each spouse.
Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.
North Carolina doesn't provide a formula for calculating postseparation support or alimony. Instead, judges use their best judgment after considering the circumstances in each particular case.
The duration of the marriage, mental and emotional state of the spouse and issues of marital misconduct (such as infidelity) are among other elements considered in the awarding of alimony. There is no precise formula for determining how much alimony a spouse will be awarded in a divorce case.
To qualify, a spouse must be dependent on the other, and there must be a significant income disparity. The spouse seeking alimony must present evidence, explaining how an award is equitable, considering all relevant factors.